31Delegation by Director

#### 31 Delegation by Director (1) The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a member of the staff of the Office (other than the Associate Director) all or any of his or her functions or powers under this Act, other than those under subsections 6(2D), 9(2) and 9(6D) and this power of delegation. (1AA) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b), the person need not accept the function delegated. (1A) The Director may, by writing signed by him or her, delegate to a person who: (a) is a member of the staff of the Office; and (b) is an SES employee; and (c) is a legal practitioner; the power conferred on the Director by one or more instruments made under subsection 6(4). (1B) The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to: (a) a person performing a similar role under a law of a State or Territory; or (b) a member of the staff of a State or Territory authority (within the meaning of subsection 15(3)) who is a legal practitioner; or (c) a person authorised by, or under, a law of a State or Territory to institute or conduct prosecutions for offences against the laws of the State or Territory; or (d) a person included in a class of persons prescribed by the regulations for the purposes of this paragraph; all or any of the Director’s functions and powers under the following provisions: (e) paragraphs 6(1)(a), (b), (c), (d) and (e); (f) paragraph 6(1)(n) (so far as it relates to the functions covered by paragraph (e) of this subsection); (g) subsections 6(2A), (2B) and (2C); (h) subsections 9(7), (8A) and (8B); (i) other provisions of this Act prescribed by the regulations for the purposes of this paragraph. (1C) If a function is delegated under subsection (1B) to a person, the person need not accept the function delegated. (2) A function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of this Act, be deemed to have been performed or exercised by the Director. (3) A delegation under this section does not prevent the performance of a function or the exercise of a power by the Director.